C.C. v. Cabinet for Health & Family Services, 330 SW3d 83 (Ky.S.Ct. 2011)
Jan 20, 2011OUTCOME: Reversed & Remanded for New Hearing
Kentucky Supreme Court granted motion for discretionary review to consider the applicability of rules of civil discovery in juvenile cases. Court held that civil discovery rules applied before the beg ... inning of the adjudication hearing in dependency, neglect, and abuse (DNA) action, and thus parent was entitled to pre-adjudication discovery of material possessed by Cabinet Health and Family Services relevant to action to remove children from parents' custody, including photographs of the children, medical reports or medical opinions about the children since they entered the Cabinet’s custody, written reports, or other documents concerning the allegations of dependency, abuse, and neglect, and any exhibits that the Commonwealth intended to introduce as evidence.
